synergy environmental planning p...synergy environmental planning pty ltd a.c.n. 102 541 837 a.b.n....

SYNERGY ENVIRONMENTAL PLANNING Pty Ltd A.C.N. 102 541 837 A.B.N. 321 025 41837

40 GREY GUM CRESCENT CHISHOLM NSW 2322 Telephone (02) 4933 6585 or 0439 336 585 Facsimile (02) 4936 6156

Email: - [email protected]

PLANNING PROPOSAL

LOT 9 DP1009184

SERENITY WAY

VACY

October, 2016.


PLANNING PROPOSAL LOT 9 1009184 SERENITY WAY, VACY.

TABLE OF CONTENTS

OVERVIEW INTRODUCTION Part 1 Objectives or lntended Outcomes Part 2 Explanation of Provisions Part 3 Justification

Section A - Need for the Planning Proposal Section B - Relationship to strategic planning framework Section C - Environmental Social and Economic Impact Section D - State and Commonwealth interests

Part 4 Mapping Part 5 Community Consultation Part 6 Project Timeline ATTACHMENTS AND SUPPORTING DOCUMENTATION

Figure 1 Location Map

Figure 2 Aerial Photo of Site- and surrounding land

Figure 3 Existing Zoning

Figure 4 Existing Minimum Lot Size Plan

Figure 5 Fire Prone Lands Mapping

Figure 6 Dungog Shire Council Vegetation Mapping

Figure 7 Proposed Land Use Zones

Figure 8 Proposed Minimum Lot Size

ATTACHMENTS

1. Remediation works- Former sanitary waste facility Serenity Way, Vacy

Prepared for Dungog Shire Council Prepared by RCA Australia, RCA ref 11214a-301/0 June 2016

2. Valuation Report - Vacant Large Lot Residential land

Lot 9 DP 1009184 Serenity Way Vacy Prepared by Brorson Hill Valuations September 2016



OVERVIEW

This preliminary report identifies the potential issues associated with the rezoning of the subject land, Lot 9

DP 1009184 Serenity Way, Vacy from Zone SP2 Infrastructure (Waste or Resource Management Facility)

to Zone R5 Large Lot Residential and by including the subject land in Category “X” Minimum Lots size

8000m2 on the Lot Size Map of the Dungog Local Environmental Plan 2014.

It is paramount at the beginning of this proposal that it be recognised that the Dungog Shire is the owner

of the subject land which it has used for many years in the past as a Waste Management Facility (Sanitary

Waste Depot). Council’s use of the site for such activity has ceased and the site has been determined by

the Council to be excess to its needs and as such seeks to dispose of the land.

So as to ensure impartiality, fairness and protect the public interest the Council has sought the services of

Synergy Environmental Planning Pty Ltd to independently prepare the Planning Proposal in this matter.

Synergy Environmental Planning Pty Ltd has had no dealings with the Council in relation to this land nor

has it provided consulting services to the Council in the past.

The land is classified under the Local Government Act 1993 as “Operational Land” and as such may be

disposed of by a resolution of the Council.

Council at its meeting of the 9 July 2016 determined that the land is excess to is operational needs and

that it be sold on the open market.

A Valuation was undertaken which investigated the value of the land with the current Zone SP2

Infrastructure in place and alternatively with Zone R5 Large Lot Residential in place and it showed that a

far greater return would be available to the Council on sale of the land if it were within the same zone as

those lands which adjoined it.

The information contained within the proposal explains the intended effect of the proposal to amend the

Dungog Local Environmental Plan 2014 as it currently applies to the land and the justification for making

such proposal.

The land the subject of this application is located on the eastern side of Serenity Drive Vacy midway

between Lennoxton Road and Bower Bird Close. The land encloses an area of 1.29 hectares and

occupies an area of mildly undulating land fronting Serenity Drive from the east.



The land is mostly cleared with a significant cover of introduced grass species which appears to be

regularly maintained. A walk over identified that the site consists mainly of open grasslands with the

occasional native and non-native trees scattered along the eastern boundary in clusters.

There appear to be no issues relevant to Flora and Fauna to hamper the future use of the lands for

residential purposes.

The area of native vegetation would not equal or exceed 15% of the tree canopy and as such should not

trigger the provisos of SEPP 44 Kola Habitat Protection.

The identification and proper mapping of vegetation classifications at this location can be an exercise to be

undertaken post Gateway determination.

The land is mapped as being mostly Bush Fire Prone land (to the north) being located within the 100

metre buffer area of adjoining Class 1 Fire Prone land (To the north and east).

Future development of the site may occur in the areas not affected by the Bushfire hazard mapping or

may need to be assessed under the guidelines established by the document Planning for Bushfire

Protection 2006.

Initial inspection of the biophysical features of the land the subject of this submission confirm that the site

has the capacity to accommodate rural residential scale development however the past use of the site as

a night soil depot had resulted in some contamination of the site by residual tar deposits and some

microbiological contamination.

A Remediation Works investigation of the Former Sanitary Waste Facility was prepared for the Council by

RCA Australia in June 2016. The report outlined remediation works and investigation works undertaken at

the former sanitary waste facility as a result of an earlier Environmental Site Assessment (ESA)

undertaken in September 2015.

The objective of that assessment was to determine the suitability of the site for rezoning for residential

use. The ESA identified:

• Residual tar material and impacted soils in excess of the National Environmental Protection

(Assessment of Site Contamination) Measure 2013 (NEPM) guidelines for residential land use.

These materials were also classified in accordance with the NSW EPA Waste Classification

Guidelines as Hazardous Solid Waste.



• Microbiological and olfactory results in excess of the NSW Use and Disposal of Biosolids

products guidelines.

RCA recommended remediation works be undertaken to remediate those areas impacted by tar and/or

microbiological contaminants. The objective of remediation works was to bring environmental conditions at

the site to a level suitable for residential land use.

The final RCA report confirmed that the remediation works were largely successful with the bulk of the

PAH (tar) contaminated materials identified and removed from site and no microbiological contamination

was identified following remediation of such areas with lime.

One (1) sampling location remains at site which exhibits concentrations of PAH in excess of the relevant

residential guidelines and a management protocol has been prepared to guide the management of risks

during development and use of the site for a residential purpose.

RCA considers that the site is suitable for residential use following the removal of stockpiled gravel

material and with implementation of the management protocol. If the items in the protocol cannot be

implemented, additional remediation may be required that is the area affected by the tar deposits be

sealed by way of a driveway or the foundations of a house (or outbuilding).

The location of the subject site Figure 1



An aerial view of the site Figure 2.

Existing Zonings Figure 3.



Existing Lot Size Map Figure 4

Fire Prone Lands Mapping Figure 5



Dungog Shire Council Vegetation Mapping Figure 6

1. PART 1 – OBJECTIVES OR INTENDED OUTCOMES

“Section 55(2)(a) a statement of the objectives or intended outcomes of the proposed instrument”.

The Planning Proposal seeks to affect a change in zone of the subject lands from Zone SP2 to Zone R5

Large Lot Residential and the classification of the subject lands to Category “X” Minimum Lot Size

8000m2 under the provisions of the Dungog Local Environmental Plan 2014.

2 PART 2 – EXPLANATION OF PROVISIONS

“Section 55(2)(b) an explanation of the provisions that are to be included in the proposed

instrument”.

The Planning Proposal seeks the making of an amending LEP such that the Zone and Lot Size Maps to

Dungog Local Environmental Plan 2014 is each amended such that the subject lands are mapped as

being within “Zone R5 Large Lot Residential” and category “X” Minimum Lost size 8000 m2 of that

Local Environmental Plan. See under/over.



Proposed Land Use Zones Figure 7

Proposed Minimum Lot Size Figure 8



3 PART 3 – JUSTIFICATION

Comment

The refining of the Large Lot Residential zone boundaries of the subject lot reflects the provisions that

apply to the totality of the surrounding lands; acknowledges the predominance of the existing large lot

residential subdivision patterns in the area and will allow for development of the site such that it will

complement the large lot residential configuration of the holdings in the immediate area.

Section A – Need for the Planning Proposal

“The justification for those objectives, outcomes and provisions and the process for the

implementation (including whether the proposed Instrument will comply with the relevant

directions under Section 117)”

“Is the Planning Proposal a result of any strategic study or report?”

Comment

The subject lands are not specifically identified in Dungog Council’s Dungog Shire Rural Strategy 2003 as

the development is a very minor infill proposal nonetheless the SS does note that there are likely to be

additional infill development opportunities identified in the future which will further contribute to the LGA’s

dwelling and population targets. Note Dungog is a predominantly rural shire so has no Residential

Strategy.

The compliance issues with the S117(2) Directions are addressed later in this proposal.

“is the planning proposal a best means of achieving the objectives of intended outcomes, or is

there a better way?”;

Comment

The proposal, as advanced, is positive in terms of the potential alternative uses as opposed to those uses

for which the land is currently zoned such that those new uses would be in keeping with the existing land

use in the area.

Under the current Zone SP2 the use of the site is extremely limited and would not encourage the sale of

the land to a private purchaser.



The only uses permissible under the current zone are roads, Waste or Resource Management Facility

including any development that is ordinarily incidental or ancillary to development for that purpose. All

other purposes are prohibited.

The need to affect a zone change can only be achieved by way of a planning proposal.

Section B – Relationship to the strategic planning framework

“Is the planning proposal consistent with the objectives and actions of the applicable regional, sub

regional or district plan or strategy (including the Sydney Metropolitan Strategy and any exhibited

draft plans or strategies)?”

The Sydney Metropolitan Strategy does not apply to the subject lands.

The Hunter Regional Plan 2036 was released by the Minister for Planning in October 2016 and applies to

the land.

The Hunter Regional Plan 2036 the Plan is a guide for land use planning priorities and decisions

over the next 20 years however it is not intended to be a step-by step approach to all land use

planning.

It is intended to provide an overarching framework to guide subsequent and more detailed land

use plans, development proposals and infrastructure funding decisions. While a series of priority

actions are included, medium and longer term actions will be identified to coincide with

population growth and economic change.

Under the terms of the Regional Plan 2036 the site is located in the Mid Coast Region

A Government direction will be issued to councils so that when they prepare new planning

proposals or update local planning controls, they are consistent with the vision and guiding

principles of the Regional Plan. Local Government Narratives will provide detailed guidance for

each council. This yet to occur.

The narrative for the Dungog Shire is for a moderate growth Population of +200 from 8,750 in

2016 to 8,950 by 2036 with an expected growth in additional houses being +400 (?)



The narrative for Centres and employment identify that Regionally significant centres and employment

land clusters include Centres of local significance being Dungog, Clarence Town, East Gresford, Gresford,

Paterson and Vacy.

The narrative for Housing is Future housing and urban renewal opportunities need to cater to the housing

needs of ‘tree changers’ and the ageing population as well as balance the demand for rural residential

lifestyle housing with agricultural and environmental attributes.

The Vision Direction and Actions of the Hunter Regional Plan 2036

Within the Regional Plan Dungog’s future is stated as strengthening its tourist connection to

Barrington Tops, diversifying its already-strong agricultural base and capitalising on its potential

for large-scale music festivals.

Vacy is not in a location to be influenced by tourism in the Barrington Tops and the location of

the various festivals held in the Dungog LGA instead its focus is more related to the Maitland

Local Government Area which contains a high-growth metropolitan area that includes

strategic centres servicing the hinterland and rural areas of Dungog (Vacy) and the Upper

Hunter area.

Nonetheless the planning proposal in an incremental sense will allow for Greater housing choice

and jobs in that it will permit new housing in an established area through infill development

and it will aid in the fulfilment of the following Directions from the Regional Plan:

Direction 10: Protect and enhance agricultural productivity

Actions

10.1 Protect locations that can accommodate agricultural enterprises from incompatible

development, and facilitate the supply chain, including infrastructure, distribution areas,

processing facilities and research and development in local plans.

Comment

The planning proposal for this site will not impact on locations that can accommodate

agricultural enterprises free from incompatible development, and facilitate the supply chain,



including infrastructure, distribution areas, processing facilities and research and development

in local plans.

Direction 21: Create a compact settlement

21.1 Promote development that respects the landscape attributes and the character of the

metropolitan areas, towns and villages.

21.5 Promote small-scale renewal in existing urban areas, in consultation with the community

and industry to ensure that this occurs in the right locations.

21.6 Provide greater housing choice by delivering diverse housing, lot types and sizes, including

small-lot housing in infill and greenfield locations.

21.7 Promote new housing opportunities in urban areas to maximise the use of existing

infrastructure.

Comment

The planning proposal will not impact adversely on the landscape attributes and the character of

the village of Vacy.

The planning proposal will provide greater housing choice by delivering the opportunity fo a new

hosing site as infill which will maximise the use of existing infrastructure.

Direction 22: Promote housing diversity

22.5 Include guidance in local land use strategies for expanding rural villages and rural–

residential development so that such developments will:

• not impact on strategic or important agricultural land, energy, mineral or extractive resource

viability or biodiversity values;

• not impact on drinking water catchments;

• not result in greater natural hazard risk;

• occur on land that is unlikely to be needed for urban development;

Comment

The planning proposal will not impact on strategic or important agricultural land, energy, mineral

or extractive resource viability or biodiversity values; not impact on drinking water catchments;

not result in greater natural hazard risk; and will occur on land that is unlikely to be needed for

urban development;

Centres and employment

Regionally significant centres and employment land clusters:

• Centres of local significance: Dungog, Clarence Town, East Gresford, Gresford, Paterson and

Vacy.



Housing

Future housing and urban renewal opportunities:

• Cater to the housing needs of ‘tree changers’ and the ageing population.

• Balance the demand for rural residential lifestyle housing with agricultural and environmental

attributes.

Infill development

Development in areas already used for urban purposes. Specifically, the re-use of a site within

the existing urban footprint for new housing, businesses or other urban development.

Comment

The planning proposal will add incrementally to the population of the village Vacy which is

identified as a Centre of local significance within Dungog.

The planning proposal will add incrementally to the housing stock of the Village of Vacy and will

cater to the housing needs of ‘tree changers’ and provide a continuing part of the existing

balance for the demand for rural residential lifestyle housing with agricultural and environmental

attributes in the immediate district of Vacy.

The planning proposal is Infill development in an area already used for urban purposes and

specifically, will allow for the re-use of a site within the existing urban footprint of Vacy for new

housing.

“Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other

local strategic plan?”;

Dungog Council’s Community and Strategic Plan’s stated vision for Dungog Shire is “A vibrant, united

community, with a sustainable economy. An area where rural character, community safety, and lifestyle

are preserved.” Its Mission Statement is “To manage, enhance, and protect, the resources of the Shire, in

consultation with the community.”

Council’s Community and Strategic Plans identifies Vacy having rural lifestyle development with some

remaining un-subdivided land in the area and acknowledges that the majority of residents’ travel by vehicle

to work outside of the area.



Strategic Aim for Housing is that there be a range of housing options available to meet the needs of all

groups in the community.

The Objectives include:

To encourage developers to facilitate modified housing for people with disabilities and aged.

To continue to lobby government agencies for crisis accommodation

To work in partnership with Department of Housing, real estate agents and other community

organisations in addressing the issues of housing affordability and lack of available rentals.

The lack of local crisis accommodation for families, young people and women at risk was

highlighted by service providers in the Shire.

The ageing population could be greatly assisted by encouraging new developers to build village

type housing near services to encourage independence.

This proposal is of such a minor nature that it will unlikely to be held to assist in achieving the objectives of

the Council’s Community and Strategic Plan however it is not antipathetic to the achievement of those

objectives and will provide the opportunity for additional housing to support the township of Vacy.

In broad terms the rezoning will allow development that will maintain the rural character of the area, and

assist in preserving the lifestyle of the area around Vacy and meet the Strategic Aim for Housing in that it

will provide the opportunity for residential a development available to meet the needs of the tree change

demands for residential housing in a rural setting.

“Is the planning proposal consistent with state environmental planning policies?”;

State Environmental Planning Policy No. 44 - Koala Habitat Protection

Encourages the conservation and management of natural vegetation areas that provide habitat for koalas

to ensure permanent free-living populations will be maintained over their present range. The policy applies

to 107 local government areas. Local councils cannot approve development in an area affected by the

policy without an investigation of core koala habitat. The policy provides the state-wide approach needed

to enable appropriate development to continue, while ensuring there is ongoing protection of koalas and

their habitat



State Environmental Planning Policy No 55 – Contaminated Land

The object of this Policy is to provide for a Statewide planning approach to the remediation of

contaminated land.

In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing

the risk of harm to human health or any other aspect of the environment:

(a) by specifying when consent is required, and when it is not required, for a remediation work, and

(b) by specifying certain considerations that are relevant in rezoning land and in determining

development applications in general and development applications for consent to carry out a

remediation work in particular, and

(c) by requiring that a remediation work meet certain standards and notification requirements.

COMMENT

State Environmental Planning Policy No. 44 - Koala Habitat Protection

The site is not known locally as an area that contains a resident population of breeding koalas and as such

is not defined as core koala habitat and there have been no records of recent sightings of and historical

records of a population.

The site does not contain more than 15% tree canopy of native vegetation so is unlikely to trigger the

provisions of the SEPP.

The site may contain contain areas of native vegetation of the types listed in Schedule 2 to the policy

however such tree cover at this time does not constitute at 15% of the total number of trees in the upper or

lower strata of the tree component on site.

Assessment of the potential use of the site by Koalas is matter that can be verified post gateway if so

required.



State Environmental Planning Policy No 55 – Contaminated Land

The subject site is known to have been used for a contaminating use having been used as a Former

Sanitary Waste Facility.

As previously stated in this proposal investigations (2015), remediation (2015) and verification (2016) of

the site have been undertaken by a reputable firm, RCA Australia -Geotechnical Environmental and their

findings are that the land is suitable for residential purposes subject to compliance with a “Site

Management Protocol” (copy attached) which provides that the area of tar contamination be sealed under

a driveway of a building footprint (foundation) if not further remediation may be needed.

As the land is proposed to be used for residential purposes we believe that there is no need for any

additional investigations at this time post Gateway determination.

“Is the planning proposal consistent with applicable Ministerial Directions (Section 117

Directions)?”;

The proposal has been considered against the relevant Ministerial Section 117 Directions and is

considered to be consistent with the relevant Directions as summarised below.

Number Direction Applicable Consistent Employment & Resources 1.1 Business & Industrial Zones N/A N/A 1.2 Rural Zones N/A N/A 1.3 Mining, Petroleum Production and Extractive N/A N/A

Industries 1.4 Oyster Aquaculture N/A N/A 1.5 Rural Lands N/A N/A Environment & Heritage 2.1 Environmental Protection Zones N/A N/A 2.2 Coastal Protection N/A N/A 2.3 Heritage Conservation N/A N/A 2.4 Recreation Vehicle Areas N/A N/A Housing, Infrastructure & Urban Development



3.1 Residential Zones Yes Yes 3.2 Caravan Parks and Manufactured Home Estates N/A N/A 3.3 Home Occupations N/A N/A 3.4 Integrating Land Use & Transport Yes No 3.5 Development Near Licensed Aerodromes N/A N/A 3.6 Shooting Ranges N/A N/A Hazard & Risk 4.1 Acid Sulfate Soils N/A N/A 4.2 Mine Subsidence and Unstable Land N/A N/A 4.3 Flood Prone Land N/A N/A 4.4 Planning for Bushfire Protection Yes Yes Regional Planning 5.1 Implementation of Regional Strategies Yes Yes 5.2 Sydney Drinking Water Catchments N/A N/A 5.3 Farmland of State and Regional Significance on N/A N/A

the NSW Far North Coast 5.4 Commercial and Retail Development along the

Pacific Highway, North Coast N/A N/A 5.8 Second Sydney Airport: Badgerys Creek N/A N/A Local Plan Making 6.1 Approval and Referral Requirements No N/A 6.2 Reserving Land for Public Purposes N/A N/A 6.3 Site Specific Provisions No N/A Metropolitan Planning 7.1 Implementation of the Metropolitan Strategy N/A N/A Commentary on S117 Applicable to the Planning Proposal

Housing, Infrastructure & Urban Development

3.1 Residential Zones

The objectives of this direction are:

(a) to encourage a variety and choice of housing types to provide for existing and future

housing needs,

(b) to make efficient use of existing infrastructure and services and ensure that new

housing has appropriate access to infrastructure and services, and



(c) to minimise the impact of residential development on the environment and resource

lands.

Comment

The Planning Proposal will not affect the existing provisions of the LEP which serve to

encourage a variety and choice of housing types to provide for existing and future housing

needs, to make efficient use of existing infrastructure and services and ensure that new

housing has appropriate access to infrastructure and services, and to minimise the impact of

residential development on the environment and resource lands.

This direction is applicable insofar as the proposal seeks the rezoning of the land to Zone R5

Large Lot Residential.

The planning proposal does not propose any changes to the existing provisions of the LEP

which encourage the provision of housing that will broaden the choice of building types and

locations available in the housing market, and make more efficient use of existing

infrastructure and services, and reduce the consumption of land for housing and associated

urban development on the urban fringe, and for housing to be of good design.

The planning proposal does not seek changes to the existing provisions of the LEP which

provide that residential development is not permitted until land is adequately serviced (or

arrangements satisfactory to the council, or other appropriate authority, have been made to

service it), and does not contain provisions which will reduce the permissible residential

density of land.

The proposal is considered to be consistent with the direction as it is not within a green fields

location but is a single site surrounded by lands within Zone R5 Large Lot Residential

as such it will seek to make use of existing infrastructure and services in this locality.



3.4 Integrating Land Use & Transport

The objective of this direction is to ensure that urban structures, building forms, land use

locations, development designs, subdivision and street layouts achieve the following planning

objectives:

improving access to housing, jobs and services by walking, cycling and public

transport, and

increasing the choice of available transport and reducing dependence on cars, and

reducing travel demand including the number of trips generated by development and

the distances travelled, especially by car, and

supporting the efficient and viable operation of public transport services, and

providing for the efficient movement of freight.

This direction applies when a relevant planning authority prepares a planning proposal that will

create, alter or remove a zone or a provision relating to urban land, including land zoned for

residential, business, industrial, village or tourist purposes.

Comment

The planning proposal seeks to create an R5 Large Lot Residential zone over a single distinct

property presently within Zone SP2 Infrastructure (Waste or Resource Management Facility) which is

no longer required to be used for that purpose and is surplus to the needs of the Council.

The planning proposal does not seek to locate the urban zone in accordance with the

provisions that give effect to and are consistent with the aims, objectives and principles of

Improving Transport Choice – Guidelines for planning and development (DUAP 2001), and

The Right Place for Business and Services – Planning Policy (DUAP 2001).

The planning proposal seeks to regularise the zoning of a single parcel of land to the same

zone which exists in the vicinity of the subject site.



The subject land and those surrounding it were unlikely to have been located with regard to:

promoting improving access to housing, jobs and services by walking, cycling and

public transport, and

increasing the choice of available transport and reducing dependence on cars, and

reducing travel demand including the number of trips generated by development and

the distances travelled, especially by car, and

supporting the efficient and viable operation of public transport services, and

providing for the efficient movement of freight.

Instead the pre-existing Zone R5 Large Lot Residential of the adjoining lands reflects the

historical pattern of subdivision in the locality, being predominantly of a rural character and the

planning proposal seeks to include the subject lands into the same Zone as that adjoining for

consistency purposes.

Whilst the planning proposal may be inconsistent with the terms of this direction the Director-

General of the Department of Planning and Environment (or an officer of the Department

nominated by the Director-General) should be satisfied that the provisions of the planning

proposal that are inconsistent are of minor significance in the circumstances of this case.

Hazard & Risk

4.4 Planning for Bushfire Protection

The objectives of this direction are:

(a) to protect life, property and the environment from bush fire hazards, by discouraging

the establishment of incompatible land uses in bush fire prone areas, and

(b) to encourage sound management of bush fire prone areas.

This direction applies to all local government areas in which the responsible Council is

required to prepare a bush fire prone land map under section 146 of the Environmental



Planning and Assessment Act 1979 (the EP&A Act), or, until such a map has been certified by

the Commissioner of the NSW Rural Fire Service, a map referred to in Schedule 6 of that Act.

Comment

This direction applies as this planning proposal that will affect, or is in proximity to land

mapped as bushfire prone land.

It is intended and it will be directed by the Gateway determination in the preparation of a

planning proposal the relevant planning authority must consult with the Commissioner of the

NSW Rural Fire Service following receipt of a gateway determination under section 56 of the

Act, and prior to undertaking community consultation in satisfaction of section 57 of the Act,

and take into account any comments so made,

The planning proposal has had regard to Planning for Bushfire Protection 2006, and controls

already exist that avoid placing inappropriate developments in hazardous areas, and ensuring

that bushfire hazard reduction is not prohibited within the APZ.

The planning proposal will not alter the existing controls within the LEP, where development is

proposed, comply with the following provisions, as appropriate:

(a) provide an Asset Protection Zone (APZ) incorporating at a minimum:

(i) an Inner Protection Area bounded by a perimeter road or reserve which

circumscribes the hazard side of the land intended for development and has a

building line consistent with the incorporation of an APZ, within the property,

and

(ii) an Outer Protection Area managed for hazard reduction and located on the

bushland side of the perimeter road,

(b) for infill development (that is development within an already subdivided area), where

an appropriate APZ cannot be achieved, provide for an appropriate performance

standard, in consultation with the NSW Rural Fire Service. If the provisions of the

planning proposal permit Special Fire Protection Purposes (as defined under section

100B of the Rural Fires Act 1997), the APZ provisions must be complied with,

(c) contain provisions for two-way access roads which links to perimeter roads and/or to

fire trail networks,

(d) contain provisions for adequate water supply for firefighting purposes,

(e) minimise the perimeter of the area of land interfacing the hazard which may be

developed,



(f) introduce controls on the placement of combustible materials in the Inner Protection

Area.

It is considered that the planning proposal is consistent with the terms of this direction.

Regional Planning

5.1 Implementation of Regional Strategies

The objective of this direction is to give legal effect to the vision, land use strategy, policies,

outcomes and actions contained in regional strategies.

Planning proposals must be consistent with a regional strategy applying to the area within

which the planning proposal is located and which have been released by the Minister for

Planning.

The planning proposal is considered to be consistent with the terms of this direction. The issue

of consistency and compliance with the Hunter Regional Plan 2036 is addressed earlier in

Section B of this submission.

The planning proposal is considered to achieve the overall intent of the regional strategy and

does not undermine the achievement of its vision, land use strategy, policies, outcomes or

actions.

Section C – Environmental, Social and Economic Impact

“Is there any likelihood that critical habitat or threatened species, populations or ecological

communities, or their habitats, will be adversely affected as a result of the proposal?”;

Comment

The land is mainly cleared with a significant cover of introduced grass species which appears to be

regularly maintained. A walk over has identified that there appeared to be no issues relevant to Flora and

Fauna to hamper the future use of the lands for urban purposes.



The site may contain potential koala habitat in that it may contain areas of native vegetation of the types

listed in Schedule 2 to the policy but the tree cover does not appear to constitute at least 15% of the total

number of trees in the upper or lower strata of the tree component.

Assessment of the potential use of the site by Koalas is matter that can be verified post Gateway if

required.

“Are there any other likely environmental effects as a result of the planning proposal and how are

they proposed to be managed?”;

The land is not identified as being affected by any of the identified hazard characteristics other than

Bushfire hazard and contamination.

In relation to each of these issues any future development of the site will be required to comply with the

guidelines established by the document “Planning for Bushfire Protection 2006” and the RCA Australia -

Geotechnical Environmental “Site Management Protocol” for the site respectively.

Given these circumstances and the limited area of the subject site it is considered that use for large lot

residential purposes consistent with that already in the locality would be the most appropriate use of the

land.

“How has the planning proposal adequately addressed any social and economic effects?”;

The proposal will only generate one (1) additional large lot residential parcel as minor infill development in

an area already developed totally for large lot residential purposes and will contribute incrementally to

achieving the dwelling and population targets set by Council’s Settlement Strategy.

The lot yield is so low as to have little or no impact upon social and economic matters in the locality.

The alternative to doing nothing is likely to see the site remain unused or used for purposes that may

interfere with the enjoyment of the residential enjoyment of the lands nearby.



In these circumstances and the limited area of the subject site it is considered that use for large lot

residential purposes consistent with that already in the locality would be the most appropriate use of the

land.

The positive social and economic effects relate to the potential provision of additional large lot residential

housing opportunities in this locality of Vacy.

Section D – State and Commonwealth Interests

“Is there adequate public infrastructure for the planning proposal?”;

There are no services provided by either the State or the Commonwealth that will require intensification or

augmentation as a result of this proposal.

“What are the views of State and Commonwealth public authorities consulted in accordance with

the gateway determination, and have they resulted in any variations to the Planning Proposal?”;

This is a matter for the assessment and consultation process to identify.

SUMMARY AND CONCLUSION

The proposal will only generate one (1) additional large lot residential parcel as minor infill development

and will contribute incrementally to achieving the dwelling and population targets set by Council’s

Settlement Strategy.

The proposal represents a justifiable opportunity to implement the R5 Large Lot Residential as contained

in the Dungog Local Environmental Plan 2014 as it applies to the surrounding lands.

The submission of this proposal by Council seeking endorsement to a “Gateway” rezoning proposal to

facilitate subdivision in the manner proposed is justified in the context of broader planning strategies and

those that particularly relate to the pursuit of the large lot residential potential of land.

We conclude therefore that the proposal has minimal and manageable environmental impact and as such

is worthy of support and accordingly, we submit that a favourable consideration be given to the proposal.

Part 4 – Mapping



Figure 1 Location Map

Figure 2 Aerial Photo of Site- and surrounding land

Figure 3 Existing Zoning

Figure 4 Existing Minimum Lot Size Plan

Figure 5 Fire Prone Lands Mapping

Figure 6 Dungog Shire Council Vegetation Mapping

Figure 7 Proposed Land Use Zones

Figure 8 Proposed Minimum Lot Size

Part 5 – Community Consultation

This is a matter for the exhibition phase of the Planning Proposal and Council’s contemplation pending receipt

and determination of this application and by its resolution to proceed to exhibition.

It is procedurally required that such a proposal be publicly exhibited for a period of up to 28 days.

Notification of the public exhibition is likely to be placed in the local newspapers circulating in the area and the

Newcastle Herald and written notification sent to owners adjacent to the site along with Notices placed on

Council's website with a link attached to Council's on line exhibition facility.

The Planning Proposal, Gateway Determination, and supporting studies in addition to being available on

Council's website, would also be available at Council's Administration Building in Dungog.

A public hearing is considered unlikely in this matter.

Part 6 Project Timeline

Council Endorsement November 16

Gateway Referral December 2016

Gateway Determination February 2017

Forwarding of PP to Govt. Depts. (prior to ex.) February 2017

Responses from Govt. Agencies reviewed - PP March 2017

Completion of Exhibition Material April 2017

Exhibition May 2017

Council Report Draft June 2017



Consideration of Submissions June 2017

Report to Council July 2017

PC Consultation July 2017

Notification and Effect September 2017

Attachments and Supporting Documentation

Document Attached

1. Remediation works- Former sanitary waste facility √ Serenity Way, Vacy

Prepared for Dungog Shire Council Prepared by RCA Australia, RCA ref 11214a-301/0 June 2016

2. Valuation Report - Vacant Large Lot Residential land √

Lot 9 DP 1009184 Serenity Way Vacy Prepared by Brorson Hill Valuations September 2016

REFERENCES

Dungog Shire Rural Strategy 2003

Dungog-Shire-Community-Strategic-Plan-2030

The Hunter Regional Plan 2036 – NSW Department of Planning & Environment 2016

Dungog Local Environmental Plan 2014

NSW DoPE Guide-to-preparing-planning-proposals-2016-08

synergy environmental planning p...synergy environmental planning pty ltd a.c.n. 102 541 837 a.b.n....

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